Agenda item

Proposal:	Demolish existing bungalow and redevelop to provide two 1 bed flats and four 2 bed flats with parking and ancillary areas.
Location:	39 Newbury Street, Lambourn, RG17 8PB
Applicant:	Mr S Church
Recommendation:	The Head of Development and Planning be authorised to APPROVE the application.

 

1.            The Committee considered a report (Agenda Item 4(2)) concerning Planning Application 17/03127/FULD in respect of a full application to demolish the existing bungalow and redevelop to provide two one-bed flats and four two-bed flats with parking and ancillary areas.

2.            In accordance with the Council’s Constitution, Councillor Jane Rowlinson, Parish Council representative, Mrs Josephine Bull and Mrs Alison Graham, objectors, and Mr Richard Potter, applicant, addressed the Committee on this application.

3.            Derek Carnegie introduced the report to the Members, which took account of all the relevant policy considerations and other material considerations. In conclusion the report detailed that the proposal was acceptable and a conditional approval was justifiable. Paul Goddard confirmed that the proposed parking provision complied with the Council’s adopted parking standards.

4.            Councillor Rowlinson in addressing the Committee raised the following points:

·         The proposed development was tantamount to overdevelopment.

·         Ten parking spaces had been provided and this would be insufficient.

·         Lambourn Parish Council were seeking to obtain responsibility for the grass verge on the corner of the plot through a devolution agreement with West Berkshire Council. These discussions predated the planning application.

·         Sight lines from the access to the site were a concern. The site was on a busy junction close to the fire station and the school.

·         The parish council were not opposed to new housing in Lambourn but were of the view that the proposal would be overdevelopment of the site.

5.            Mrs Graham and Mrs Bull in addressing the Committee raised the following points:

·         The proposed development would demolish a family home to build flats and should be rejected. There would be an increase in the number of people, levels of noise and pressure on parking.

·         The site would be on a blind bend and it was a busy route to the local primary school.

·         Members had observed that the street was blocked with parked cars at the site visit. Emergency vehicles would find it difficult to get through the road.

·         An application for two houses on the site had been rejected by the Council in 2015 so it was difficult to understand why six flats was acceptable.

6.            Councillor Adrian Edwards asked whether there were any other flats in the area. Mrs Bull advised that there were some flats on Station Road and the road was full of cars overnight.

7.            Councillor Garth Simpson expressed the view that flats had higher occupancy levels and were likely to own more cars. He asked whether the occupants of the terraced housing were likely to own two cars per household. Mrs Graham noted that many of the terraced houses had driveways so did not need to park on the road.

8.            Mr Potter in addressing the Committee raised the following points:

·         Officers had considered the application thoroughly.

·         A S106 agreement would be entered with the Council.

9.            Councillor Anthony Pick asked what drainage would be used on the site. Mr Potter replied that an onsite SUDS solution would be used to ensure there was no run-on to the road.

10.         Councillor Pick further asked about affordable housing provision. Mr Potter advised that a S106 agreement would be written to provide a contribution for affordable housing in Lambourn off-site. Derek Carnegie confirmed that housing officers would negotiate a sum with the developer and the Council would take a view on where to invest that money within Lambourn.

11.         Councillor James Cole asked whether the parking provision met the Council’s standards. Paul Goddard confirmed that paragraph 6.4.1 outlined that the parking standards required 11 spaces be provided and the proposal included 11 parking spaces. Councillor James Cole asked whether 11 spaces would be adequate for the needs of the site. Paul Goddard responded that the Council had set the standards based on surveys of the District and the standards had been deemed adequate by the Council and a public examination. Councillor James Cole asked whether the Committee could refuse permission on the basis of parking. Derek Carnegie advised that the Committee could make whatever decision they wished but should the applicant appeal a decision to refuse permission on those grounds the Planning Inspector would note that the parking provision complied with the Council’s policy and would not take a favourable view upon the Council.

12.         Councillor Edwards asked whether Paul Goddard agreed with the objections raised, as outline on page 45 of the agenda. Paul Goddard advised that he had recommended that the application was acceptable subject to conditions. The site would produce a low number of vehicle movements and while he accepted the existing issues in the area it would be difficult to argue that the proposed development would make them significantly worse.

13.         Councillor Simpson expressed the view that residents would rely on their cars for transport and it was possible that occupancy of the flats could be higher than anticipated due to the generous sized rooms. He asked whether more parking provision could be found on the grass verge adjacent to the site. Paul Goddard advised that Lambourn was in zone 3 for parking standards purposes, which required more provision than areas such as Newbury and Thatcham. Lambourn Parish Council were seeking a devolution in respect of the grass verge and it would be for the parish council to determine whether to provide parking spaces on that land.

14.         Councillor Dennis Benneyworth stated that he anticipated that the living rooms of the flats might be converted to bedrooms which would place further pressure on parking requirements.

15.         Councillor Paul Bryant stated that he did not like garden-grabbing however government advice was clear and there were no Council policies to justify refusal. He proposed that the Committee accept officers’ recommendation and approve planning permission. Councillor Jeff Beck seconded the proposal.

16.         Councillor Jeanette Clifford expressed the view that the development would be a good use of the site and complied with parking standards as voted for by Members.

17.         Councillor Simpson agreed that the development would be a good use of the land and hoped that the parish council could provide some extra parking spaces.

18.         The Chairman invited the Committee to vote on the proposal of Councillor Bryant as seconded by Councillor Beck to approve planning permission. At the vote the motion was carried unanimously.

RESOLVED that the Head of Development and Planning be authorised to grant planning permission subject to the following conditions:

Conditions

1.                    Time Limit

The development hereby permitted shall be begun before the expiration of three years from the date of this permission and implemented strictly in accordance with the approved plans.

Reason:         To enable the Local Planning Authority to review the desirability of the development to comply with Section 91 of the Town and Country Planning Act (as amended by Section 51 of the Planning and Compulsory Purchase Act 2004) and Policy ADPP1 of the West Berkshire Core Strategy 2006-2026 should it not be started within a reasonable time.

2.                    Plans Approved

The development hereby approved shall be carried out in accordance with drawing title number(s):

Location Plan and Block Plan 1682-A-001 rev B;

Proposal Site Plan 1682-A-003 rev F (received by e-mail dated 18^th December 2017);

Proposed Floor Plans 1682-A-100 rev A;

Proposed Elevations 1682-A-202 rev A and A-202 rev B;

Existing Plans

Site Survey 1682-A-002;

Existing Elevations 1682-A-200 and A-201;

Supporting Documents:

Design and Access Statement (RPA Architects Limited);

Flood Risk Assessment (Stilwell Partnership) April 2016 V.1;

Arboricultural Method Statement and Constraints Plan (Sylva Consultancy), October 2015;

Additional Arboricultural Information (1682 Sketch RPA for T2 and accompanying e-mail) received by e-mail dated 18^th December 2017.

 

All received with the application validated on 17^th November 2017,  unless otherwise specified or agreed in writing by the Local Planning Authority.

Reason:         To ensure that the development is carried out in accordance with the submitted plans. In the interest of amenity and in accordance with Policies ADPP1, ADPP5, CS14 and CS19 of the West Berkshire Core Strategy 2006-2026.

3.                    Materials

No development shall commence until full details of proposed external facing materials (brick, render, roof covering, windows, doors and architectural features) have been submitted to and agreed in writing by the local planning authority.

A schedule shall be submitted listing all proposed materials, with samples made available on site upon request.

The new building shall be constructed using the approved materials unless alternative materials are agreed in writing by the local planning authority before being used.

Reason: In the interests of amenity and in accordance with Policies ADPP5, CS14 and CS19 of the West Berkshire Core Strategy 2006-2026.

4.                    Hours of Work (Construction)

The hours of work for all contractors for the duration of the site development shall unless otherwise agreed by the Local Planning Authority in writing be limited to:

7.30 am to 6.00 p.m. on Mondays to Fridays 8.30 am to 1.00 p.m. on Saturdays and NO work shall be carried out on Sundays or Bank Holidays.

Reason: In the interests of the amenities of neighbouring occupiers.

5.                    CONS1 - Construction method statement

No development shall take place until a Construction Method Statement has been submitted to and approved in writing by the Local Planning Authority.  The development shall be carried out in accordance with the approved details.  The statement shall provide for:

(a)  The parking of vehicles of site operatives and visitors

(b)  Loading and unloading of plant and materials

(c)  Storage of plant and materials used in constructing the development

(d)  The erection and maintenance of security hoarding including decorative displays and facilities for public viewing

(e)  Wheel washing facilities

(f)   Measures to control the emission of dust and dirt during construction

(g)  A scheme for recycling/disposing of waste resulting from demolition and construction works

Reason: To safeguard the amenity of adjoining land uses and occupiers and in the interests of highway safety.  This condition is imposed in accordance with the National Planning Policy Framework (March 2012), Policies CS5 and CS13 of the West Berkshire Core Strategy (2006-2026), Policy TRANS 1 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007).

6.                    HIGH2 - Access Closure with reinstatement (YHA10)

The existing vehicular access at the site shall be stopped up and abandoned immediately after the new access hereby approved has/have been brought into use.  The footway/cycleway(s)/verge(s) shall, at the same time as the stopping-up and abandonment, be reinstated to the satisfaction of the Local Planning Authority.

Reason: In the interest of road safety and highway maintenance.  This condition is imposed in accordance with the National Planning Policy Framework (March 2012) and Policy CS13 of the West Berkshire Core Strategy (2006-2026).

7.                    HIGH4 - Footway/cycleway provision (construct) (YHA11A) variation

No development shall take place until details of a 1.5 metre wide footway to be constructed on the western side of Newbury Street fronting the application site is submitted and approved in writing by the Local Planning Authority.  No dwelling shall be occupied until the footway has been provided in accordance with the approved scheme and any statutory undertaker's equipment or street furniture located in the position of the footway has been re-sited to provide an unobstructed footway. The Developer must enter into a S278 Agreement for the construction of the footway.

Reason: In the interest of road safety and to ensure adequate and unobstructed provision for pedestrians. This condition is imposed in accordance with the National Planning Policy Framework (March 2012) and Policy CS13 of the West Berkshire Core Strategy (2006-2026).

8.                    HIGH7 - Surfacing of access (YHA15)

No development shall take place until details of the surfacing arrangements for the vehicular access to the highway have been submitted to and approved in writing by the Local Planning Authority. Such details shall ensure that bonded material is used across the entire width of the access for a distance of 5 metres measured back from the carriageway edge. Thereafter the surfacing arrangements shall be constructed in accordance with the approved details.                                  

Reason: To avoid migration of loose material onto the highway in the interest of road safety. This condition is imposed in accordance with the National Planning Policy Framework (March 2012) and Policy CS13 of the West Berkshire Core Strategy (2006-2026).

9.                    HIGH9 - Visibility splays before development

No development shall take place until visibility splays of 2.4 metres by 43 metres have been provided at the access.   The visibility splays shall, thereafter, be kept free of all obstructions to visibility above a height of 0.6 metres above carriageway level.

Reason: In the interests of road safety.  This condition is imposed in accordance with the National Planning Policy Framework (March 2012) and Policy CS13 of the West Berkshire Core Strategy (2006-2026).

10.                 HIGH12 - Parking/turning in accord with plans (YHA24)

No dwelling shall be occupied until the vehicle parking and/or turning space have been surfaced, marked out and provided in accordance with the approved plan(s).  The parking and/or turning space shall thereafter be kept available for parking (of private motor cars and/or light goods vehicles) at all times.

Reason: To ensure the development is provided with adequate parking facilities, in order to reduce the likelihood of roadside parking that would adversely affect road safety and the flow of traffic.  This condition is imposed in accordance with the National Planning Policy Framework (March 2012), Policy CS13 of the West Berkshire Core Strategy (2006-2026) and Policy TRANS1 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007).

11.                 HIGH20 - Cycle storage (YHA41)

No development shall take place until details of the cycle parking and storage space have been submitted to and approved in writing by the Local Planning Authority.  No dwelling shall be occupied until the cycle parking and storage space has been provided in accordance with the approved details and retained for this purpose at all times. This condition shall apply irrespective of any details shown on the submitted plans.

Reason: To ensure that there is adequate and safe cycle storage space within the site.  This condition is imposed in accordance with the National Planning Policy Framework (March 2012), Policy CS13 of the West Berkshire Core Strategy (2006-2026) and Policy TRANS1 of the West Berkshire District Local Plan 1991-2006 (Saved Policies 2007).

12.                 Storage of refuse

No development shall take place until details of the provision for the storage of refuse and recycling materials, including means of enclosure for the dwellings has been submitted to and approved in writing by the Local Planning Authority.  The dwellings shall not be occupied until the refuse and recycling facilities have been provided in accordance with the approved details and shall be retained for this purpose thereafter.

Reason:   To ensure that there is adequate and safe refuse/recycling facilities within the site.  This condition is imposed in accordance with the National Planning Policy Framework (March 2012), Policies CS13 and CS14 of the West Berkshire Core Strategy (2006-2026), and Supplementary Planning Document Quality Design (June 2006).

13.                 Landscape Scheme

No development (except demolition) shall commence on site until full details of proposed landscaping scheme have been submitted to and agreed in writing by the local planning authority.

The landscape scheme shall be implemented in full, within the next planting season following first occupation or completion of the development (whichever is the sooner).

The scheme will include the provision of at least two new trees on the highway and to the south of the application site. Maintenance for these trees and any required replacement will be limited to two years after first planting.

Any trees, shrubs or plants that die or become seriously damaged, on the application site) within five years of the scheme first being implemented (planted) shall be replaced in the following year by plants of the same size and species.

This condition shall be implemented in full unless an alternative scheme/timescale is agreed in writing with the local planning authority.

Reason: The landscape scheme will ensure that the visual character of the area and amenity is not unduly harmed. In accordance with the objectives of Policies CS14 and CS19 of the West Berkshire Core Strategy 2006-2026.

14.                 AMS

No development or other operations shall commence on site until an arboricultural method statement has been submitted to and approved in writing by the Local Planning Authority and shall include details of the implementation, supervision and monitoring of all temporary tree protection and any special construction works within any defined tree protection area.

Reason: To ensure the protection of trees identified for retention at the site in accordance with the objectives of the NPPF and Policies CS14, CS18 and CS19 of the West Berkshire Core Strategy 2006-2026.

15.                 Tree Protection

No development (including site clearance and any other preparatory works) shall commence on site until a scheme for the protection of trees to be retained. On land to the south of the application site) is submitted to and approved in writing by the Local Planning Authority. Such a scheme shall include a plan showing the location of the protective fencing, and shall specify the type of protective fencing.  All such fencing shall be erected prior to any development works taking place and at least 2 working days notice shall be given to the Local Planning Authority that it has been erected. It shall be maintained and retained for the full duration of works or until such time as agreed in writing with the Local Planning Authority. No activities or storage of materials whatsoever shall take place within the protected areas without the prior written agreement of the Local Planning Authority.

Note: The protective fencing should be as specified at Chapter 6 and detailed in figure 2 of B.S.5837:2012.

Reason: To ensure the enhancement of the development by the retention of existing trees and natural features during the construction phase in accordance with the objectives of the NPPF and Policies CS14, CS18 and CS19 of West Berkshire Core Strategy 2006-2026.

16.                 Arboricultural supervision condition

No development shall take place (including site clearance and any other preparatory works) until the applicant has secured the implementation of an arboricultural watching brief in accordance with a written scheme of site monitoring, which has been submitted to and approved in writing by the Local Planning Authority.

Reason: To ensure the enhancement of the development by the retention of existing trees and natural features during the construction phase in accordance with the objectives of the NPPF and Policies CS14, CS18 and CS19 of West Berkshire Core Strategy 2006-2026.

17.                 Boundary and Hard Surfacing Treatments

No development or other operations (except demolition) shall commence on site until a scheme of fencing, other means of enclosure to be erected and hard surfacing on the site is submitted to and approved in writing by the Local Planning Authority.

No dwelling shall be occupied before the fencing, other means of enclosure and hard surfacing have been constructed in accordance with the approved plan and retained thereafter.

Reason:    The fencing, other means of enclosure and hard surfacing are essential elements in the detailed design of this development and the application is not accompanied by sufficient details to enable the Local Planning Authority to give proper consideration to these matters in accordance with Policy CS14 of the West Berkshire Core Strategy 2006 - 2026.

18.                 SuDS

No development shall take place until details of sustainable drainage measures to manage surface water within the site have been submitted to and approved in writing by the Local Planning Authority. 

These details shall:

a)    Incorporate the implementation of Sustainable Drainage methods (SuDS) in accordance with the Non-Statutory Technical Standards for SuDS (March 2015), the SuDS Manual C753 (2015) and West Berkshire Council local standards;

b)    Include and be informed by a ground investigation survey which establishes the soil characteristics, infiltration rate and groundwater levels;

e)    Include attenuation measures to retain rainfall run-off within the site, off site discharge will not be permitted;

f)     Include construction drawings, cross-sections and specifications of all proposed SuDS measures within the site;

g)    Include run-off calculations, discharge rates, infiltration and storage capacity calculations for the proposed SuDS measures based on a 1 in 100 year storm +40% for climate change;

j)      Include pre-treatment methods to prevent any pollution or silt entering SuDS features or causing any contamination to the soil or groundwater;

k)    Ensure any permeable paved areas are designed and constructed in accordance with manufacturers guidelines.

l)     Ensure any permeable areas are constructed on a permeable sub-base material such as Type 3 or reduced fines Type 1 material as appropriate;

m)  Include details of how the SuDS measures will be maintained and managed after completion.  These details shall be provided as part of a handover pack for subsequent purchasers and owners of the property/premises;

The above sustainable drainage measures shall be implemented in accordance with the approved details before the buildings hereby permitted are occupied in accordance with a timetable to be submitted and agreed in writing with the Local Planning Authority as part of the details submitted for this condition.  The sustainable drainage measures shall be maintained and managed in accordance with the approved details thereafter.

Reason:   To ensure that surface water will be managed in a sustainable manner; to prevent the increased risk of flooding; to improve and protect water quality, habitat and amenity and ensure future maintenance of the surface water drainage system can be, and is carried out in an appropriate and efficient manner.  This condition is applied in accordance with the National Planning Policy Framework, Policy CS16 of the West Berkshire Core Strategy (2006-2026), and Part 4 of Supplementary Planning Document Quality Design (June 2006).  A pre-condition is necessary because insufficient detailed information accompanies the application; sustainable drainage measures may require work to be undertaken throughout the construction phase and so it is necessary to approve these details before any development takes place.

19.                 PD Rights Fencing

Irrespective of the provisions of the Town and Country Planning (General Permitted Development) Order 2015 (or any subsequent revision to the Order), no wall, fence, gate or other means of enclosure shall be erected between the forwardmost part of the buildings and the highway/ access drive boundary and to the rear and side boundaries to the area of open space (except where approved as part of condition details).

Reason:  The detailed design of this development relies upon an area of unenclosed space to provide a setting for the buildings and overall development.  The enclosure in whole or in part of this space would destroy the setting and have an adverse effect on the character and amenities of the development in conflict with Policies ADPP5, CS14 and CS19 of the West Berkshire Core Strategy 2006-2026.

 

Informatives

HI 1 Access construction

The Highways Manager, West Berkshire District Council, Transport & Countryside, Council Offices, Market Street, Newbury, RG14 5LD, telephone number 01635 – 519887, should be contacted to agree the access construction details and to grant a licence before any work is carried out within the highway.   A formal application should be made, allowing at least four (4) weeks’ notice, to obtain details of underground services on the applicant’s behalf.

HI 3 Damage to footways, cycleways and verges

The attention of the applicant is drawn to the Berkshire Act, 1986, Part II, Clause 9, which enables the Highway Authority to recover the costs of repairing damage to the footway, cycleway or grass verge, arising during building operations.

HI 4 Damage to the carriageway

The attention of the applicant is drawn to the Highways Act, 1980, which enables the Highway Authority to recover expenses due to extraordinary traffic.

HI 8 Excavation in close proximity to the highway

In order to protect the stability of the highway it is advised that no excavation be carried out within 15 metres of a public highway without the written approval of the Highway Authority.

HI 9 Incidental works affecting the highway

Any incidental works affecting the adjoining highway shall be approved by, and a licence obtained from, the Principal Engineer (Streetworks), West Berkshire District Council, Transport & Countryside, Council Offices, Market Street, Newbury, RG14 5LD, telephone number 01635 – 519169, before any development is commenced.

Informative – Construction / Demolition Noise

The attention of the applicant is drawn to the requirements of Section 60 of the Control of Pollution Act 1974 in respect of the minimisation of noise on construction and demolition sites.  Application, under Section 61 of the Act, for prior consent to the works, can be made to the Environmental Quality Manager.

CIL liability

The development hereby approved results in a requirement to make payments to the Council as part of the Community Infrastructure Levy (CIL) procedure.  A Liability Notice setting out further details, and including the amount of CIL payable will be sent out separately from this Decision Notice.  You are advised to read the Liability Notice and ensure that a Commencement Notice is submitted to the authority prior to the commencement of the development.  Failure to submit the Commencement Notice will result in the loss of any exemptions claimed, and the loss of any right to pay by instalments, and additional costs to you in the form of surcharges.  For further details see the website at www.westberks.gov.uk/cil

DEC4 - Approval - Need for Revision/Reps rec'd

This decision has been made in a positive way to foster the delivery of sustainable development having regard to Development Plan policies and available guidance to secure high quality appropriate development.  In this application whilst there has been a need to balance conflicting considerations, the local planning authority has worked proactively with the applicant to secure and accept what is considered to be a development which improves the economic, social and environmental conditions of the area.

DC